[F1PART 21AU.K.Information about people with significant control

Textual Amendments

F1Pt. 21A inserted (26.5.2015 for specified purposes, 6.4.2016 except for the insertion of ss. 790M(9)(c), 790W-790ZE and 30.6.2016 so far as not already in force) by Small Business, Enterprise and Employment Act 2015 (c. 26), s. 164(1), Sch. 3 para. 1; S.I. 2015/1329, reg. 3(a); S.I. 2015/2029, regs. 4(a), 5(a)

Modifications etc. (not altering text)

C1Pts. 1-39 modified (31.12.2020) by Regulation (EC) No. 2157/2001, Art. AAA1(3) (as inserted by The European Public Limited-Liability Company (Amendment etc.) (EU Exit) Regulations 2018 (S.I. 2018/1298), regs. 1, 97 (with regs. 140-145) (as amended by S.I. 2020/523, regs. 1(2), 5(a)-(f)); 2020 c. 1, Sch. 5 para. 1(1))

CHAPTER 2U.K.Information-gathering

Duty on othersU.K.

790G [F2Duty to supply information] [F2Duty to notify company on becoming PSC]U.K.

[F2(1)This section applies to a person if—

(a)the person is a registrable person or a registrable relevant legal entity in relation to a company,

(b)the person knows that to be the case or ought reasonably to do so,

(c)the required particulars of the person are not stated in the company's PSC register,

(d)the person has not received notice from the company under section 790D(2), and

(e)the circumstances described in paragraphs (a) to (d) have continued for a period of at least one month.

(2)The person must—

(a)notify the company of the person's status (as a registrable person or registrable relevant legal entity) in relation to the company,

(b)state the date, to the best of the person's knowledge, on which the person acquired that status, and

(c)give the company the required particulars (see section 790K).

(3)The duty under subsection (2) must be complied with by the end of the period of one month beginning with the day on which all the conditions in subsection (1)(a) to (e) were first met with respect to the person.]

[F2(1)This section applies to a person if—

(a)the person knows that they are a registrable person or a registrable relevant legal entity in relation to a company,

(b)the material in the register that is available for public inspection does not indicate the person’s status as a registrable person or registrable relevant legal entity in relation to the company, and

(c)the person—

(i)has not informed the company of the person’s status as a registrable person or registrable relevant legal entity in relation to the company, or

(ii)has not given the company all of the required particulars of the person (see section 790K).

(2)The person must—

(a)inform the company of the person’s status as a registrable person or registrable relevant legal entity in relation to the company, and

(b)give the company the required particulars (see section 790K).

(3)The person must comply with the duty in subsection (2) before the end of the period of one month beginning with the day on which the conditions in subsection (1) are met.]

Textual Amendments

F2Ss. 790G-790HA substituted for (26.10.2023 for specified purposes, 4.3.2024 for specified purposes) by Economic Crime and Corporate Transparency Act 2023 (c. 56), s. 219(1)(2)(b), Sch. 2 para. 12; S.I. 2024/269, reg. 2(z10)

Modifications etc. (not altering text)

C2Ss. 790D-790J applied (with modifications) by S.I. 2009/1804, reg. 31C (as inserted (6.4.2016) by The Limited Liability Partnerships (Register of People with Significant Control) Regulations 2016 (S.I. 2016/340), regs. 1(3), 3, Sch. 1)

C3Ss. 790C-790K applied (with modifications) by S.I. 2009/2436, Sch. 1 para. 12A (as inserted (26.6.2017) by The Information about People with Significant Control (Amendment) Regulations 2017 (S.I. 2017/693), regs. 2, 33 (with Sch. Pt. 3))

790H [F2Duty to update information] [F2Duty to notify company of changes in PSC information]U.K.

[F2(1)This section applies to a person if—

(a)the required particulars of the person (whether a registrable person or a registrable relevant legal entity) are stated in a company's PSC register,

(b)a relevant change occurs,

(c)the person knows of the change or ought reasonably to do so,

(d)the company's PSC register has not been altered to reflect the change, and

(e)the person has not received notice from the company under section 790E by the end of the period of one month beginning with the day on which the change occurred.

(2)The person must—

(a)notify the company of the change,

(b)state the date on which it occurred, and

(c)give the company any information needed to update the PSC register.

(3)The duty under subsection (2) must be complied with by the later of—

(a)the end of the period of 2 months beginning with the day on which the change occurred, and

(b)the end of the period of one month beginning with the day on which the person discovered the change.

(4) “ Relevant change ” has the same meaning as in section 790E. ]

[F2(1)This section applies to a person if—

(a)the person knows that they are a registrable person or a registrable relevant legal entity in relation to a company,

(b)there has been a change in the required particulars of the person (see section 790K) and the person knows that to be the case, and

(c)the person has not informed the company of the change or has not given the company all of the information that the company would need to include in a notice of the change under section 790LD(1) or 790LE(1).

(2)The person must—

(a)inform the company of the change, and

(b)give the company the information that the company would need to include in a notice of the change under section 790LD(1) or 790LE(1).

(3)The person must comply with the duty in subsection (2) before the end of the period of one month beginning with the day on which the conditions in subsection (1) are met.]

Textual Amendments

Modifications etc. (not altering text)

[F2790HADuty to notify company of ceasing to be a PSCU.K.

(1)This section applies to a person if—

(a)the person knows that they have ceased to be a registrable person or a registrable relevant legal entity in relation to a company,

(b)the material in the register that is available for public inspection does not indicate the person as having ceased to be a registrable person or a registrable relevant legal entity in relation to a company, and

(c)the person has not informed the company of having ceased to be a registrable person or a registrable relevant legal entity in relation to the company or has not informed the company of the date on which the person so ceased.

(2)The person must inform the company—

(a)that the person has ceased to be a registrable person or a registrable relevant legal entity in relation to the company, and

(b)of the date on which the person so ceased.

(3)The person must comply with the duty in subsection (2) before the end of the period of one month beginning with the day on which the conditions in subsection (1) are met.]]

Textual Amendments